[Congressional Record Volume 164, Number 104 (Thursday, June 21, 2018)]
[Senate]
[Pages S4345-S4351]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3049. Mr. UDALL submitted an amendment intended to be proposed to 
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2019, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title I of division A, add the following:
       Sec. 106.  Section 10501 of the Omnibus Public Land 
     Management Act of 2009 (43 U.S.C. 407) is amended--
       (1) in subsection (b)(1), by striking ``For each of fiscal 
     years 2020 through 2029'' and inserting ``For fiscal year 
     2020 and each fiscal year thereafter'';
       (2) in subsection (c)--
       (A) in paragraph (1)(A), by striking ``for each of fiscal 
     years 2020 through 2034'' and inserting ``for fiscal year 
     2020 and each fiscal year thereafter''; and
       (B) in paragraph (3)(C), by striking ``for any authorized 
     use'' and all that follows through the period at the end and 
     inserting ``for any use authorized under paragraph (2).''; 
     and
       (3) by striking subsection (f).
                                 ______
                                 
  SA 3050. Mr. McCONNELL (for Ms. Cortez Masto (for herself and Mr. 
Heller)) proposed an amendment to amendment SA 2910 proposed by Mr. 
Shelby to the bill H.R. 5895, making

[[Page S4346]]

appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2019, and for other purposes; 
as follows:

       At the end of title II of division C, add the following:
       Sec. 2__.  The Inspector General of the Department of 
     Veterans Affairs shall conduct an investigation of all 
     nursing homes of the Department of Veterans Affairs that had 
     an overall one-star rating as within the two full calendar 
     years prior to the year of enactment as determined by the 
     rating system of the Department.
                                 ______
                                 
  SA 3051. Mr. McCONNELL (for Mr. Boozman (for himself, Mr. Daines, and 
Mr. Tester)) proposed an amendment to amendment SA 2910 proposed by Mr. 
Shelby to the bill H.R. 5895, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2019, and for other purposes; as follows:

       On page 85, line 18, insert ``: Provided further, That of 
     the total amount appropriated, $2,383,000 shall remain 
     available until expended for the Veterans History Project to 
     continue digitization efforts of already collected materials, 
     reach a greater number of veterans to record their stories, 
     and promote public access to the Project'' before the period 
     at the end.

                                 ______
                                 
  SA 3052. Mr. CASSIDY (for himself, Mr. Jones, Mr. Daines, and Mrs. 
Gillibrand) submitted an amendment intended to be proposed to amendment 
SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2019, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II of division C, add the following:

     SEC. 2__. PUBLICATION OF QUALITY RATING FOR NURSING HOMES OF 
                   THE DEPARTMENT OF VETERANS AFFAIRS AND 
                   INVESTIGATIONS OF LOW-PERFORMING NURSING HOMES.

       (a) Publication of Quality Rating for Nursing Homes.--Not 
     later than 90 days after the date of the enactment of this 
     Act, and not less frequently than annually thereafter, the 
     Secretary of Veterans Affairs shall submit to Congress and 
     the appropriate committees of Congress and publish in the 
     Federal Register and on a publicly available Internet website 
     of the Department of Veterans Affairs the rating assigned by 
     the Department to each nursing home of the Department with 
     respect to quality of care, including all internal metrics 
     and criteria used in determining such rating.
       (b) Investigations of Low-performing Nursing Homes.--
       (1) Initial investigation.--Not later than 30 days after 
     the date of the enactment of this Act, the Head of the Office 
     of the Medical Inspector of the Veterans Health 
     Administration shall--
       (A) conduct an investigation of all nursing homes of the 
     Department of Veterans Affairs with an overall one-star 
     rating (as determined by the rating system of the Department) 
     according to the most recent review by the Department; and
       (B) submit to Congress and the appropriate committees of 
     Congress a report on corrective actions taken by the 
     Department with respect to nursing homes described in 
     subparagraph (A), including any results that support those 
     corrective actions.
       (2) Subsequent investigation.--If a nursing home described 
     in paragraph (1)(A) has an overall one-star rating (as 
     determined by the rating system of the Department) according 
     to the first subsequent review by the Department after the 
     review described in such paragraph, the Inspector General of 
     the Department of Veterans Affairs shall, not later than 30 
     days after such subsequent review--
       (A) conduct an investigation of that nursing home; and
       (B) submit to Congress and the appropriate committees of 
     Congress a report that includes the findings of that 
     investigation.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Appropriations and the Committee on 
     Veterans' Affairs of the Senate; and
       (2) the Committee on Appropriations and the Committee on 
     Veterans' Affairs of the House of Representatives.
                                 ______
                                 
  SA 3053. Mr. McCONNELL (for Mr. Coons (for himself and Ms. 
Murkowski)) proposed an amendment to amendment SA 2910 proposed by Mr. 
Shelby to the bill H.R. 5895, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2019, and for other purposes; as follows:

       On page 79, line 22, insert ``, and not more than $5,000 
     that shall be used by the Architect of the Capitol to work 
     with contractors to eliminate or reduce the use of plastic 
     straws in facilities of the legislative branch that are under 
     the care of the Architect of the Capitol'' before ``; for''.

                                 ______
                                 
  SA 3054. Mr. McCONNELL (for Mr. Perdue (for himself and Mr. Isakson)) 
proposed an amendment to amendment SA 2978 proposed by Mr. Thune (for 
himself, Mr. Durbin, Mr. Alexander, Ms. Klobuchar, Mr. Rounds, and Mr. 
Grassley) to the amendment SA 2910 proposed by Mr. Shelby to the bill 
H.R. 5895, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2019, and for 
other purposes; as follows:

       On page 2, line 12, of the amendment, strike the period at 
     the end and insert ``of which not less than $100,000,000 
     shall be used for projects relating to deep-draft 
     navigation.''.
                                 ______
                                 
  SA 3055. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2019, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 2, after line 19, add the following:

     SEC. 4. REDUCTION IN APPROPRIATIONS.

       Notwithstanding any other provision of law, the total sums 
     appropriated under divisions A, B, and C shall be reduced by 
     1 percent.
                                 ______
                                 
  SA 3056. Mr. McCONNELL (for Mr. Heller (for himself and Mr. Tester)) 
proposed an amendment to amendment SA 2910 proposed by Mr. Shelby to 
the bill H.R. 5895, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2019, and for other purposes; as follows:

       At the appropriate place in title II, insert the following:
       Sec. __.  None of the funds made available by this Act may 
     be used by the Secretary of Veterans Affairs to transfer 
     funds made available for the following programs:
       (1) The Homeless Providers Grant and Per Diem program.
       (2) The Domiciliary Care for Homeless Veterans program.
       (3) The Supportive Services for Veteran Families program.
       (4) The Department of Housing and Urban Development 
     Department of Veterans Affairs Supported Housing (HUD-VASH) 
     programs.
       (5) The Health Care for Homeless Veterans program
                                 ______
                                 
  SA 3057. Mr. McCONNELL (for Mr. Lee (for himself and Mr. Paul)) 
proposed an amendment to amendment SA 2910 proposed by Mr. Shelby to 
the bill H.R. 5895, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2019, and for other purposes; as follows:

       On page 79, line 7, insert ``: Provided, that the Director 
     shall use not less than $500,000 of the amount made available 
     under this heading for (1) improving technical systems, 
     processes, and models for the purpose of improving the 
     transparency of estimates of budgetary effects to Members of 
     Congress, employees of Members of Congress, and the public, 
     and (2) to increase the availability of models, economic 
     assumptions, and data for Members of Congress, employees of 
     Members of Congress, and the public'' before the period.
                                 ______
                                 
  SA 3058. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 
5895, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2019, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title III of division A, add the following:
       Sec. 3____.  All high-level radioactive waste at the 
     Western New York Service Center in West Valley, New York, 
     from the project carried out under the West Valley 
     Demonstration Project Act (42 U.S.C. 2021a note; Public Law 
     96-368) shall be considered to have resulted from atomic 
     energy defense activities--
       (1) for purposes of section 8 of the Nuclear Waste Policy 
     Act of 1982 (42 U.S.C. 10107); but
       (2) not for purposes of--
       (A) section 3(a)(3) of the Waste Isolation Pilot Plant Land 
     Withdrawal Act (Public Law 102-579; 106 Stat. 4779); or
       (B) section 213 of the Department of Energy National 
     Security and Military Applications of Nuclear Energy 
     Authorization Act of 1980 (Public Law 96-164; 93 Stat. 1265).
                                 ______
                                 
  SA 3059. Mr. McCONNELL (for Ms. Murkowski (for herself, Mr. Manchin, 
Mr. Burr, Mr. Daines, Mr. Cassidy, and Mrs. Gillibrand)) proposed an 
amendment to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 
5895, making appropriations for energy

[[Page S4347]]

and water development and related agencies for the fiscal year ending 
September 30, 2019, and for other purposes; as follows:

       At the end of title III of division A, add the following:
       Sec. 305. (a) Section 5 of the Federal Power Act (16 U.S.C. 
     798) is amended--
       (1) in subsection (a), by striking ``three'' and inserting 
     ``4''; and
       (2) in subsection (b)--
       (A) by striking ``Commission may extend the period of a 
     preliminary permit once for not more than 2 additional years 
     beyond the 3 years'' and inserting the following: 
     ``Commission may--
       ``(1) extend the period of a preliminary permit once for 
     not more than 4 additional years beyond the 4 years'';
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(2) after the end of an extension period granted under 
     paragraph (1), issue an additional permit to the permittee if 
     the Commission determines that there are extraordinary 
     circumstances that warrant the issuance of the additional 
     permit.''.
       (b) Section 13 of the Federal Power Act (16 U.S.C. 806) is 
     amended in the second sentence by striking ``once but not 
     longer than two additional years'' and inserting ``for not 
     more than 8 additional years,''.
       (c) Any obligation of a licensee or exemptee for the 
     payment of annual charges under section 10(e) of the Federal 
     Power Act (16 U.S.C. 803(e)) for a project that has not 
     commenced construction as of the date of enactment of this 
     Act shall commence not earlier than the latest of--
       (1) the date by which the licensee or exemptee is required 
     to commence construction; or
       (2) the date of any extension of the deadline under 
     paragraph (1).
       Sec. 306.  Not later than 18 months after the date of 
     enactment of this Act, the Secretary of the Interior, after 
     consultation with the Secretary of Agriculture, shall--
       (1) survey the exterior boundaries of the tract of Federal 
     land within the project boundary of the Swan Lake 
     Hydroelectric Project (FERC No. 2911) as generally depicted 
     and labeled ``Lost Creek'' on the map entitled ``Swan Lake 
     Project Boundary--Lot 2'' and dated February 1, 2016; and
       (2) issue a patent to the State of Alaska for the tract 
     described in paragraph (1) in accordance with--
       (A) the survey authorized under paragraph (1);
       (B) section 6(a) of the Act of July 7, 1958 (commonly known 
     as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21; 
     Public Law 85-508); and
       (C) section 24 of the Federal Power Act (16 U.S.C. 818).
       Sec. 307. (a) In this section:
       (1) The term ``Commission'' means the Federal Energy 
     Regulatory Commission.
       (2) The term ``Terror Lake Hydroelectric Project'' means 
     the project identified in section 1325 of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3212), and which 
     is the Commission project numbered 2743.
       (3) The term ``Upper Hidden Basin Diversion Expansion'' 
     means the expansion of the Terror Lake Hydroelectric Project 
     as generally described in exhibit E to the Upper Hidden Basin 
     Grant Application dated July 2, 2014, and submitted to the 
     Alaska Energy Authority Renewable Energy Fund Round VIII by 
     Kodiak Electric Association, Inc.
       (b) The licensee for the Terror Lake Hydroelectric Project 
     may occupy not more than 20 acres of Federal land to 
     construct, operate, and maintain the Upper Hidden Basin 
     Diversion Expansion without further authorization of the 
     Secretary of the Interior or under the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).
       (c) The Upper Hidden Basin Diversion Expansion shall be 
     subject to appropriate terms and conditions included in an 
     amendment to a license issued by the Commission pursuant to 
     the Federal Power Act (16 U.S.C. 791a et seq.), including 
     section 4(e) of that Act (16 U.S.C. 797(e)), following an 
     environmental review by the Commission under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       Sec. 308. (a) In this section:
       (1) The term ``Commission'' means the Federal Energy 
     Regulatory Commission.
       (2) The term ``license'' means the license for the 
     Commission project numbered 11393.
       (3) The term ``licensee'' means the holder of the license.
       (b) On the request of the licensee, the Commission shall 
     issue an order continuing the stay of the license.
       (c) On the request of the licensee, but not later than 10 
     years after the date of enactment of this Act, the Commission 
     shall--
       (1) issue an order lifting the stay of the license under 
     subsection (b); and
       (2) make the effective date of the license the date on 
     which the stay is lifted under paragraph (1).
       (d)(1) Notwithstanding the time period specified in section 
     13 of the Federal Power Act (16 U.S.C. 806) that would 
     otherwise apply to the Commission project numbered 11393, the 
     Commission may, at the request of the licensee, and after 
     reasonable notice, in accordance with the good faith, due 
     diligence, and public interest requirements of, and the 
     procedures of the Commission under, that section, extend the 
     time period during which the licensee is required to commence 
     the construction of the project for not more than 3 
     consecutive 2-year periods from the date of the expiration of 
     the extension originally issued by the Commission.
       (2)(A) If the period required for the commencement of 
     construction of the project described in paragraph (1) has 
     expired prior to the date of enactment of this Act, the 
     Commission may reinstate the license effective as of the date 
     of the expiration of the license.
       (B) If the Commission reinstates the license under 
     subparagraph (A), the first extension authorized under 
     paragraph (1) shall take effect on the date of that 
     expiration.
       (e) Nothing in this section prioritizes, or creates any 
     advantage or disadvantage to, Commission project numbered 
     11393 under Federal law, including the Federal Power Act (16 
     U.S.C. 791a et seq.) or the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2601 et seq.), as compared 
     to--
       (1) any electric generating facility in existence on the 
     date of enactment of this Act; or
       (2) any electric generating facility that may be examined, 
     proposed, or developed during the period of any stay or 
     extension of the license under this section.
       Sec. 309. (a) Notwithstanding the time period specified in 
     section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to Federal Energy Regulatory Commission 
     project numbers 12756, 12757, and 12758, the Federal Energy 
     Regulatory Commission (referred to in this section as the 
     ``Commission'') may, at the request of the licensee for the 
     applicable project, and after reasonable notice, in 
     accordance with the good faith, due diligence, and public 
     interest requirements of that section and the procedures of 
     the Commission under that section, extend the time period 
     during which the licensee is required to commence the 
     construction of the applicable project for up to 3 
     consecutive 2-year periods from the date of the expiration of 
     the extension originally issued by the Commission.
       (b) If the time period required for commencement of 
     construction of a project described in subsection (a) has 
     expired prior to the date of enactment of this Act--
       (1) the Commission may reinstate the license for the 
     applicable project effective as of the date of the expiration 
     of the license; and
       (2) the first extension authorized under subsection (a) 
     shall take effect on that expiration.
       Sec. 310. (a) Notwithstanding the time period specified in 
     section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission project numbered 12478-003, the Federal Energy 
     Regulatory Commission (referred to in this section as the 
     ``Commission'') may, at the request of the licensee for the 
     project, and after reasonable notice, in accordance with the 
     good faith, due diligence, and public interest requirements 
     of, and the procedures of the Commission under, that section, 
     extend the time period during which the licensee is required 
     to commence construction of the project for not more than 3 
     consecutive 2-year periods from the date of the expiration of 
     the extension originally issued by the Commission.
       (b)(1) If the period required for the commencement of 
     construction of the project described in subsection (a) has 
     expired prior to the date of enactment of this Act, the 
     Commission may reinstate the license effective as of that 
     date of expiration.
       (2) If the Commission reinstates the license under 
     paragraph (1), the first extension authorized under 
     subsection (a) shall take effect on the date of that 
     expiration.
       Sec. 311. (a) Notwithstanding the time period specified in 
     section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission project numbered 13287, the Federal Energy 
     Regulatory Commission (referred to in this section as the 
     ``Commission'') may, at the request of the licensee for the 
     project, and after reasonable notice, in accordance with the 
     good faith, due diligence, and public interest requirements 
     of that section and the procedures of the Commission under 
     that section, extend the time period during which the 
     licensee is required to commence construction of the project 
     for up to 4 consecutive 2-year periods after the required 
     date of the commencement of construction described in Article 
     301 of the license.
       (b)(1) If the period required for the commencement of 
     construction of the project described in subsection (a) has 
     expired prior to the date of enactment of this Act, the 
     Commission may reinstate the license effective as of that 
     date of expiration.
       (2) If the Commission reinstates the license under 
     paragraph (1), the first extension authorized under 
     subsection (a) shall take effect on the date of that 
     expiration.
       Sec. 312. (a) Notwithstanding the time period specified in 
     section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission project numbered 12642, the Federal Energy 
     Regulatory Commission (referred to in this section as the 
     ``Commission'') may, at the request of the licensee for the 
     project, and after reasonable notice, in accordance with the 
     good faith, due diligence, and public interest requirements 
     of that section and the procedures of the Commission under 
     that section, extend the time period during which the 
     licensee is required to commence the construction of the 
     project for up to 3 consecutive 2-year periods from the date 
     of the expiration of the extension originally issued by the 
     Commission.

[[Page S4348]]

       (b) If the period required for commencement of construction 
     of the project described in subsection (a) has expired prior 
     to the date of enactment of this Act--
       (1) the Commission may reinstate the license effective as 
     of the date of the expiration of the license; and
       (2) the first extension authorized under subsection (a) 
     shall take effect on that expiration date.
       Sec. 313. (a) Notwithstanding the time period specified in 
     section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission projects numbered 12737 and 12740, the Federal 
     Energy Regulatory Commission (referred to in this section as 
     the ``Commission'') may, at the request of the licensee for 
     the applicable project, and after reasonable notice, in 
     accordance with the good faith, due diligence, and public 
     interest requirements of that section and the procedures of 
     the Commission under that section, extend the time period 
     during which the licensee is required to commence the 
     construction of the applicable project for up to 3 
     consecutive 2-year periods from the date of the expiration of 
     the extension originally issued by the Commission.
       (b) If the period required for commencement of construction 
     of a project described in subsection (a) has expired prior to 
     the date of enactment of this Act--
       (1) the Commission may reinstate the license for the 
     applicable project effective as of the date of the expiration 
     of the license; and
       (2) the first extension authorized under subsection (a) 
     shall take effect on that expiration.
       Sec. 314. (a) Notwithstanding the time period specified in 
     section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to the Federal Energy Regulatory 
     Commission project numbered 12715 (referred to in this 
     section as the ``project''), the Federal Energy Regulatory 
     Commission (referred to in this section as the 
     ``Commission'') may, at the request of the licensee for the 
     project, and after reasonable notice, in accordance with the 
     good faith, due diligence, and public interest requirements 
     of, and the procedures of the Commission under, that section, 
     extend the time period during which the licensee is required 
     to commence the construction of the project for not more than 
     3 consecutive 2-year periods that begin on the date of the 
     expiration of the extension originally issued by the 
     Commission.
       (b)(1) If the period required for the commencement of 
     construction of the project has expired before the date of 
     enactment of this Act, the Commission may reinstate the 
     license effective as of the date of the expiration of the 
     license.
       (2) If the Commission reinstates the license under 
     paragraph (1), the first extension authorized under 
     subsection (a) shall take effect on the date of that 
     expiration.
                                 ______
                                 
  SA 3060. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2019, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 54, line 5, insert ``$10,300,000 shall be for 
     activities related to the development of regulatory 
     infrastructure for advanced nuclear technologies,'' after 
     ``mission,''.
                                 ______
                                 
  SA 3061. Mrs. GILLIBRAND (for herself, Ms. Baldwin, Mr. Johnson, and 
Mr. Schumer) submitted an amendment intended to be proposed to 
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2019, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title I of division C, add the following:
       Sec. ___. (a) Report.--Not later than December 31, 2019, 
     the Secretary of Air Force shall submit to the congressional 
     defense committees a report setting forth the results of a 
     review, conducted by the Secretary for purposes of the 
     report, of the analytical model used for strategic basing of 
     KC-46 aircraft.
       (b) Particular Element.--The report shall include such 
     recommendations of the Secretary for the analytical model as 
     the Secretary considers appropriate in order to ensure that 
     the model addresses changes in refueling requirements 
     associated with the conventional and nuclear missions of the 
     Global Strike Command, and any other current or emerging 
     missions of the Global Strike Command (including missions in 
     support of counterterrorism activities), as a result of the 
     2018 National Defense Strategy and associated mobility 
     capability requirements.
       (c) Rule of Construction.--The requirement for a report 
     under this section may not be construed as limiting the 
     ability of the Air Force to make any future adjustment to the 
     analytical model used for strategic basing of KC-46 aircraft 
     or to any of the criteria in the analytical model.
                                 ______
                                 
  SA 3062. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2019, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 7, strike line 6 and all that follows 
     through page 22, line 23 and insert the following:
     $210,000,000, to remain available until September 30, 2020.

            formerly utilized sites remedial action program

       For expenses necessary to clean up contamination from sites 
     in the United States resulting from work performed as part of 
     the Nation's early atomic energy program, $120,000,000, to 
     remain available until expended.

                 flood control and coastal emergencies

       For expenses necessary to prepare for flood, hurricane, and 
     other natural disasters and support emergency operations, 
     repairs, and other activities in response to such disasters 
     as authorized by law, $35,000,000, to remain available until 
     expended.

                                expenses

       For expenses necessary for the supervision and general 
     administration of the civil works program in the headquarters 
     of the Corps of Engineers and the offices of the Division 
     Engineers; and for costs of management and operation of the 
     Humphreys Engineer Center Support Activity, the Institute for 
     Water Resources, the United States Army Engineer Research and 
     Development Center, and the United States Army Corps of 
     Engineers Finance Center allocable to the civil works 
     program, $193,000,000, to remain available until September 
     30, 2020, of which not to exceed $5,000 may be used for 
     official reception and representation purposes and only 
     during the current fiscal year:  Provided, That no part of 
     any other appropriation provided in this title shall be 
     available to fund the civil works activities of the Office of 
     the Chief of Engineers or the civil works executive direction 
     and management activities of the division offices:  Provided 
     further, That any Flood Control and Coastal Emergencies 
     appropriation may be used to fund the supervision and general 
     administration of emergency operations, repairs, and other 
     activities in response to any flood, hurricane, or other 
     natural disaster.

     office of the assistant secretary of the army for civil works

       For the Office of the Assistant Secretary of the Army for 
     Civil Works as authorized by 10 U.S.C. 3016(b)(3), 
     $5,000,000, to remain available until September 30, 2020:  
     Provided, That not more than 75 percent of such amount may be 
     obligated or expended until the Assistant Secretary submits 
     to the Committees on Appropriations of both Houses of 
     Congress a work plan that allocates at least 95 percent of 
     the additional funding provided under each heading in this 
     title, as designated under such heading in the report of the 
     Committee on Appropriations accompanying this Act, to 
     specific programs, projects, or activities.

             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                     (including transfer of funds)

       Sec. 101.
       (a) None of the funds provided in title I of this Act, or 
     provided by previous appropriations Acts to the agencies or 
     entities funded in title I of this Act that remain available 
     for obligation or expenditure in fiscal year 2019, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that:
       (1) creates or initiates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel for any program, project, 
     or activity for which funds have been denied or restricted by 
     this Act, unless prior approval is received from the House 
     and Senate Committees on Appropriations;
       (4) proposes to use funds directed for a specific activity 
     for a different purpose, unless prior approval is received 
     from the House and Senate Committees on Appropriations;
       (5) augments or reduces existing programs, projects, or 
     activities in excess of the amounts contained in paragraphs 
     (6) through (10), unless prior approval is received from the 
     House and Senate Committees on Appropriations;
       (6) Investigations.--For a base level over $100,000, 
     reprogramming of 25 percent of the base amount up to a limit 
     of $150,000 per project, study or activity is allowed:  
     Provided, That for a base level less than $100,000, the 
     reprogramming limit is $25,000:  Provided further, That up to 
     $25,000 may be reprogrammed into any continuing study or 
     activity that did not receive an appropriation for existing 
     obligations and concomitant administrative expenses;
       (7) Construction.--For a base level over $2,000,000, 
     reprogramming of 15 percent of the base amount up to a limit 
     of $3,000,000 per project, study or activity is allowed:  
     Provided, That for a base level less than $2,000,000, the 
     reprogramming limit is $300,000:  Provided further, That up 
     to $3,000,000 may be reprogrammed for settled contractor 
     claims, changed conditions, or real estate deficiency 
     judgments:  Provided further, That up to $300,000 may be 
     reprogrammed into any

[[Page S4349]]

     continuing study or activity that did not receive an 
     appropriation for existing obligations and concomitant 
     administrative expenses;
       (8) Operation and maintenance.--Unlimited reprogramming 
     authority is granted for the Corps to be able to respond to 
     emergencies:  Provided, That the Chief of Engineers shall 
     notify the House and Senate Committees on Appropriations of 
     these emergency actions as soon thereafter as practicable:  
     Provided further, That for a base level over $1,000,000, 
     reprogramming of 15 percent of the base amount up to a limit 
     of $5,000,000 per project, study, or activity is allowed:  
     Provided further, That for a base level less than $1,000,000, 
     the reprogramming limit is $150,000:  Provided further, That 
     $150,000 may be reprogrammed into any continuing study or 
     activity that did not receive an appropriation;
       (9) Mississippi river and tributaries.--The reprogramming 
     guidelines in paragraphs (6), (7), and (8) shall apply to the 
     Investigations, Construction, and Operation and Maintenance 
     portions of the Mississippi River and Tributaries Account, 
     respectively; and
       (10) Formerly utilized sites remedial action program.--
     Reprogramming of up to 15 percent of the base of the 
     receiving project is permitted.
       (b) De Minimus Reprogrammings.--In no case should a 
     reprogramming for less than $50,000 be submitted to the House 
     and Senate Committees on Appropriations.
       (c) Continuing Authorities Program.--Subsection (a)(1) 
     shall not apply to any project or activity funded under the 
     continuing authorities program.
       (d) Not later than 60 days after the date of enactment of 
     this Act, the Secretary shall submit a report to the House 
     and Senate Committees on Appropriations to establish the 
     baseline for application of reprogramming and transfer 
     authorities for the current fiscal year which shall include:
       (1) A table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     applicable, and the fiscal year enacted level; and
       (2) A delineation in the table for each appropriation both 
     by object class and program, project and activity as detailed 
     in the budget appendix for the respective appropriations; and
       (3) An identification of items of special congressional 
     interest.
       (e) The Secretary shall allocate funds made available in 
     this Act solely in accordance with the provisions of this Act 
     and the report of the Committee on Appropriations 
     accompanying this Act, including the determination and 
     designation of new starts.
       (f) None of the funds made available in this title may be 
     used to award or modify any contract that commits funds 
     beyond the amounts appropriated for that program, project, or 
     activity that remain unobligated, except that such amounts 
     may include any funds that have been made available through 
     reprogramming pursuant to this section.
       Sec. 102.  The Secretary of the Army may transfer to the 
     Fish and Wildlife Service, and the Fish and Wildlife Service 
     may accept and expend, up to $5,400,000 of funds provided in 
     this title under the heading ``Operation and Maintenance'' to 
     mitigate for fisheries lost due to Corps of Engineers 
     projects.
       Sec. 103.  None of the funds in this Act shall be used for 
     an open lake placement alternative for dredged material, 
     after evaluating the least costly, environmentally acceptable 
     manner for the disposal or management of dredged material 
     originating from Lake Erie or tributaries thereto, unless it 
     is approved under a State water quality certification 
     pursuant to section 401 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1341):  Provided, That until an open 
     lake placement alternative for dredged material is approved 
     under a State water quality certification, the Corps of 
     Engineers shall continue upland placement of such dredged 
     material consistent with the requirements of section 101 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2211).
       Sec. 104.  None of the funds made available in this title 
     may be used for any acquisition of buoy chain that is not 
     consistent with 48 CFR 225.7007, subsections (a)(1) and 
     (a)(2).
       Sec. 105.  None of the funds made available by this Act may 
     be used to require a permit for the discharge of dredged or 
     fill material under the Federal Water Pollution Control Act 
     (33 U.S.C. 1251 et seq.) for the activities identified in 
     subparagraphs (A) and (C) of section 404(f)(1) of the Act (33 
     U.S.C. 1344(f)(1)(A), (C)).

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

       For carrying out activities authorized by the Central Utah 
     Project Completion Act, $15,000,000, to remain available 
     until expended, of which $898,000 shall be deposited into the 
     Utah Reclamation Mitigation and Conservation Account for use 
     by the Utah Reclamation Mitigation and Conservation 
     Commission:  Provided, That of the amount provided under this 
     heading, $1,398,675 shall be available until September 30, 
     2020, for expenses necessary in carrying out related 
     responsibilities of the Secretary of the Interior:  Provided 
     further, That for fiscal year 2019, of the amount made 
     available to the Commission under this Act or any other Act, 
     the Commission may use an amount not to exceed $1,500,000 for 
     administrative expenses.

                         Bureau of Reclamation

       The following appropriations shall be expended to execute 
     authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfers of funds)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance, and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, federally recognized Indian 
     tribes, and others, $1,382,000,000, to remain available until 
     expended, of which $67,693,000 shall be available for 
     transfer to the Upper Colorado River Basin Fund and 
     $5,551,000 shall be available for transfer to the Lower 
     Colorado River Basin Development Fund; of which such amounts 
     as may be necessary may be advanced to the Colorado River Dam 
     Fund:  Provided, That such transfers may be increased or 
     decreased within the overall appropriation under this 
     heading:  Provided further, That within available funds, 
     $250,000 shall be for grants and financial assistance for 
     educational activities:  Provided further, That of the total 
     appropriated, the amount for program activities that can be 
     financed by the Reclamation Fund or the Bureau of Reclamation 
     special fee account established by 16 U.S.C. 6806 shall be 
     derived from that Fund or account:  Provided further, That 
     funds contributed under 43 U.S.C. 395 are available until 
     expended for the purposes for which the funds were 
     contributed:  Provided further, That funds advanced under 43 
     U.S.C. 397a shall be credited to this account and are 
     available until expended for the same purposes as the sums 
     appropriated under this heading:  Provided further, That of 
     the amounts provided herein, funds may be used for high-
     priority projects which shall be carried out by the Youth 
     Conservation Corps, as authorized by 16 U.S.C. 1706.

                central valley project restoration fund

       For carrying out the programs, projects, plans, habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, $62,008,000, to be 
     derived from such sums as may be collected in the Central 
     Valley Project Restoration Fund pursuant to sections 3407(d), 
     3404(c)(3), and 3405(f) of Public Law 102-575, to remain 
     available until expended:  Provided, That the Bureau of 
     Reclamation is directed to assess and collect the full amount 
     of the additional mitigation and restoration payments 
     authorized by section 3407(d) of Public Law 102-575:  
     Provided further, That none of the funds made available under 
     this heading may be used for the acquisition or leasing of 
     water for in-stream purposes if the water is already 
     committed to in-stream purposes by a court adopted decree or 
     order.

                    california bay-delta restoration

                     (including transfers of funds)

       For carrying out activities authorized by the Water Supply, 
     Reliability, and Environmental Improvement Act, consistent 
     with plans to be approved by the Secretary of the Interior, 
     $35,000,000, to remain available until expended, of which 
     such amounts as may be necessary to carry out such activities 
     may be transferred to appropriate accounts of other 
     participating Federal agencies to carry out authorized 
     purposes:  Provided, That funds appropriated herein may be 
     used for the Federal share of the costs of CALFED Program 
     management:  Provided further, That CALFED implementation 
     shall be carried out in a balanced manner with clear 
     performance measures demonstrating concurrent progress in 
     achieving the goals and objectives of the Program.

                       policy and administration

       For expenses necessary for policy, administration, and 
     related functions in the Office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, to remain available until September 30, 2020, 
     $61,000,000, to be derived from the Reclamation Fund and be 
     nonreimbursable as provided in 43 U.S.C. 377:  Provided, That 
     no part of any other appropriation in this Act shall be 
     available for activities or functions budgeted as policy and 
     administration expenses.

                        administrative provision

       Appropriations for the Bureau of Reclamation shall be 
     available for purchase of not to exceed five passenger motor 
     vehicles, which are for replacement only.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

       Sec. 201. (a) None of the funds provided in title II of 
     this Act for Water and Related Resources, or provided by 
     previous or subsequent appropriations Acts to the agencies or 
     entities funded in title II of this Act for Water and Related 
     Resources that remain available for obligation or expenditure 
     in fiscal year 2019, shall be available for obligation or 
     expenditure through a reprogramming of funds that--
       (1) initiates or creates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds for any program, project, or activity 
     for which funds have been denied or restricted by this Act, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate;

[[Page S4350]]

       (4) restarts or resumes any program, project or activity 
     for which funds are not provided in this Act, unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate;
       (5) transfers funds in excess of the following limits, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:
       (A) 15 percent for any program, project or activity for 
     which $2,000,000 or more is available at the beginning of the 
     fiscal year; or
       (B) $400,000 for any program, project or activity for which 
     less than $2,000,000 is available at the beginning of the 
     fiscal year;
       (6) transfers more than $500,000 from either the Facilities 
     Operation, Maintenance, and Rehabilitation category or the 
     Resources Management and Development category to any program, 
     project, or activity in the other category, unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate; or
       (7) transfers, where necessary to discharge legal 
     obligations of the Bureau of Reclamation, more than 
     $5,000,000 to provide adequate funds for settled contractor 
     claims, increased contractor earnings due to accelerated 
     rates of operations, and real estate deficiency judgments, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       (b) Subsection (a)(5) shall not apply to any transfer of 
     funds within the Facilities Operation, Maintenance, and 
     Rehabilitation category.
       (c) For purposes of this section, the term transfer means 
     any movement of funds into or out of a program, project, or 
     activity.
       (d) The Bureau of Reclamation shall submit reports on a 
     quarterly basis to the Committees on Appropriations of the 
     House of Representatives and the Senate detailing all the 
     funds reprogrammed between programs, projects, activities, or 
     categories of funding. The first quarterly report shall be 
     submitted not later than 60 days after the date of enactment 
     of this Act.
       Sec. 202. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program--Alternative 
     Repayment Plan'' and the ``SJVDP--Alternative Repayment 
     Plan'' described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     reclamation law.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for energy efficiency and 
     renewable energy activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $2,312,000,000, to 
     remain available until expended:  Pro-
                                 ______
                                 
  SA 3063. Mr. SHELBY (for himself, Mr. Leahy, Mr. Blunt, Mr. Moran, 
Mr. Inhofe, Mr. Isakson, Mr. Tester, Mr. Schatz, Mr. Blumenthal, Mrs. 
Murray, and Mr. Sanders) submitted an amendment intended to be proposed 
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2019, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in division C, insert the 
     following:

     SEC. __. COMPLETE THE VA MISSION FUNDING.

       Section 251(b)(2) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended 
     by adding at the end the following:
       ``(G) Complete the va mission funding.--(i) If, for fiscal 
     years 2019 through 2021, appropriations for discretionary 
     accounts are enacted that Congress designates as being for VA 
     MISSION funding in statute, the adjustment for a fiscal year 
     shall be the total of such appropriations for the fiscal year 
     in discretionary accounts designated as being for VA MISSION 
     funding, but not to exceed the total of--

       ``(I) for fiscal year 2019, $1,600,000,000;
       ``(II) for fiscal year 2020, $8,670,000,000; and
       ``(III) for fiscal year 2021, $9,500,000,000.

       ``(ii) For the purposes of this subparagraph, the term `VA 
     MISSION funding' means activities funded by the following 
     budget accounts--

       ``(I) Veterans Health Administration, Medical Services 
     (036-0160-0-1-703)
       ``(II) Veterans Health Administration, Medical Community 
     Care (036-0140-0-1-703)
       ``(III) any budget account that is established in the 
     Treasury of the United States to implement the VA MISSION Act 
     of 2018 (Public Law 115-182).''.

                                 ______
                                 
  SA 3064. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, 
making appropriations for energy and water development and related 
agencies for the fiscal year ending September 30, 2019, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title I of division A, add the following:
       Sec. 1__. (a) It is the sense of the Senate that in the 
     case of the funds made available under the heading 
     ``construction'' that are in excess of the budget request 
     submitted to Congress by the President and are for the 
     continuation of construction of projects that principally 
     include improvements to rainfall drainage systems that 
     address flood damages, the funds should be equally 
     distributed among all eligible projects.
       (b) In this section, the term ``eligible project'' means a 
     project--
       (1) that principally includes improvements to rainfall 
     drainage systems that address flood damages; and
       (2) for which construction has begun or can continue.
                                 ______
                                 
  SA 3065. Mr. TOOMEY (for himself and Mr. Roberts) submitted an 
amendment intended to be proposed to amendment SA 2910 proposed by Mr. 
Shelby to the bill H.R. 5895, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2019, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 75, between lines 15 and 16, insert the following:


     sense of the senate regarding the joint committee on taxation

       Sec. 121.  (a) Congress finds that--
       (1) the Joint Committee on Taxation serves as a critical 
     resource to Members of Congress on tax policy and 
     legislation, providing expertise and technical knowledge on a 
     nonpartisan basis;
       (2) the Joint Committee on Taxation and the Congressional 
     Budget Office both provide revenue estimates of legislation, 
     and thus compete for many of the same candidates; and
       (3) the professional staff of economists with a doctoral 
     degree, attorneys, and accountants of the Joint Committee on 
     Taxation should be recognized for their expertise and placed 
     on a level playing field with the employees of the 
     Congressional Budget Office.
       (b) It is the sense of the Senate that the Joint Committee 
     on Taxation and the Congressional Budget Office should be 
     treated the same for purposes of compensation and any other 
     relevant matters pertaining to personnel and new employee 
     recruitment.
                                 ______
                                 
  SA 3066. Mr. McCONNELL (for Mr. Rubio (for himself and Mr. Nelson)) 
proposed an amendment to amendment SA 2910 proposed by Mr. Shelby to 
the bill H.R. 5895, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2019, and for other purposes; as follows:

       At the end of title I of division A, add the following:
       Sec. 1__. (a) Congress finds that--
       (1) the restoration of the Everglades, as described in the 
     Comprehensive Everglades Restoration Plan authorized by title 
     VI of the Water Resources Development Act of 2000 (Public Law 
     106-541; 114 Stat. 2680) (referred to in this section as the 
     ``Plan''), is the most ambitious environmental restoration 
     program in history;
       (2) the overarching objectives of the Plan are the 
     restoration, preservation, and protection of the south 
     Florida ecosystem, while providing for other water-related 
     needs of the region, including water supply and flood 
     protection;
       (3) the Plan should continue to be implemented as 
     authorized--
       (A) to ensure--
       (i) the protection of water quality in the south Florida 
     ecosystem;
       (ii) the reduction of the loss of fresh water from the 
     south Florida ecosystem; and
       (iii) the improvement of the environment of the south 
     Florida ecosystem; and
       (B) to achieve and maintain the benefits to the natural 
     system and human environment described in the Plan; and

[[Page S4351]]

       (4) the equal partnership between the Federal Government 
     and the State of Florida remains essential to accomplishing 
     the objectives of the Plan.
       (b) It is the sense of the Congress that--
       (1) the discharge of excess water by the Corps of Engineers 
     from Lake Okeechobee to the Caloosahatchee Estuary and the 
     Indian River Lagoon represents a significant loss of fresh 
     water from the South Florida ecosystem;
       (2) the diversion of those Lake Okeechobee discharges to 
     Plan projects or features like the Everglades Agricultural 
     Area Storage Reservoir, designed to store and treat water 
     prior to release into the Central Everglades, is an essential 
     source of fresh water for meeting the objectives of the Plan; 
     and
       (3) the Plan authorizes a 50/50 Federal-State cost share 
     for all aspects of congressionally authorized restoration 
     projects, including water quality project features or 
     components.
                                 ______
                                 
  SA 3067. Mrs. FISCHER (for herself, Mr. McCain, Mr. Inhofe, Mr. 
Cotton, Mrs. Ernst, and Mr. Daines) submitted an amendment intended to 
be proposed to amendment SA 2910 proposed by Mr. Shelby to the bill 
H.R. 5895, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2019, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 32, line 4, strike ``$10,850,000,000'' and insert 
     ``$11,017,078,000''.
       On page 33, line 20, strike ``$5,988,000,000'' and insert 
     ``$5,820,922,000''.
                                 ______
                                 
  SA 3068. Mr. McCONNELL (for Mr. Kennedy) proposed an amendment to 
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2019, and for other purposes; 
as follows:

       At the end of title I of division A, add the following:
       Sec. 1__.  It is the sense of the Senate that--
       (1) ongoing construction of projects that principally 
     benefit urban areas, including rainfall drainage systems that 
     address flood damages, should receive consideration for 
     additional funding;
       (2) any additional funding described in paragraph (1) is in 
     addition to the budget request submitted to Congress by the 
     President; and
       (3) the projects described in paragraph (1) should not be 
     excluded from consideration for being inconsistent with the 
     policy of the administration.

                          ____________________